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In 2013, ServiceMesh was sold to Nasdaq-listed multinational technology company Computer Sciences Corporation (CSC). It was alleged that CBA’s McAfee contract helped secure ServiceMesh an extra $US98 million as an earn-out bonus in the year after the acquisition (in addition to an existing payment of $US282 million from CSC to acquire ServiceMesh).

The US Prosecutors said Mr Pulier obtained $30 million of this bonus and then funnelled more than $US2.5 million to Mr Hunter and Mr Waldron in kickbacks through a purported non-profit organisation.

Mr Hunter joined the bank in 2011 and in 2016 was given a sentence of 3.5 years in prison in Australia for bribery. Police said he received $US630,000 in kickbacks over the scheme. Mr Waldron was Mr Hunter's direct report.

The US District Court has now dropped charges against Mr Pulier and Mr Waldron at request of the US Department of Justice, with the pair unable to be charged over the matters again.

Nyman Gibson Miralis partner Phillip Gibson – representing Mr Waldron – said the dismissal of the charges was pleasing after an investigation that has run for almost four years.

"From the beginning, Jon [Waldron] has steadfastly maintained his innocence," Mr Gibson said.

"As the US Attorney’s Office wrote in its motion to dismiss the indictment with prejudice, this decision is truly 'in the interests of justice'."

Mr Waldron’s trial in NSW over the same matters is scheduled for  October 14, 2019. Police allege the men granted the US-based IT company the contract without putting it to public tender and received payment in exchange.

A Commonwealth Bank spokesman said that matters were referred to NSW Police in early 2015, and the bank had co-operated with the authorities throughout investigations and court proceedings.

"While we understand some proceedings in US are no longer continuing, we continue to cooperate as the judicial process takes its full and proper course," the spokesman said.

With Sarah Danckert